At what age and on what grounds will an emancipation be legally granted?
Full Question:
Answer:
§91: Procedure to Confer Rights of Majority - Petition
- Jurisdiction and Venue - Decree.
The district courts shall have authority to confer upon minors the
rights of majority concerning contracts, and to authorize and empower any
person, under the age of eighteen (18) years, to transact business in general,
or any business specified, with the same effect as if such act or thing
were done by a person above that age; and every act done by a person so
authorized shall have the same force and effect in law as if done by persons
at the age of majority.
§92: Procedure to Confer Rights of Majority-Decree.
Any minor desiring to obtain the rights of majority for the purpose
named in Section 91 of this title may, by his next friend, file a verified
petition in the district court of the county in which such minor shall
reside, or, if the minor is a nonresident of the State of Oklahoma, said
verified petition shall be filed in the county in Oklahoma where said minor
owns real estate, setting forth the age of the minor petitioner and that
said petitioner is then and has been a bona fide resident of such county
for at least one (1) year next before the filing of the petition, or that
said minor is a nonresident owning property within the State of Oklahoma,
and the cause for which the petitioner seeks to obtain the rights of majority.
The petition should state whether or not the parents of the minor are living,
and if living, their names and addresses; whether or not a guardian has
been appointed for the minor and, if a guardian has been appointed, the
guardian's name and address; who has legal custody of the minor and, if
the person having legal custody is not a parent or the guardian, the name
and address of the person who has custody. And the district court being
satisfied that the said petitioner is a person of sound mind and able to
transact his affairs, and that the interests of the petitioner will be
thereby promoted, may, in its discretion, order and decree that the petitioner
be empowered to exercise the rights of majority for all purposes mentioned
in this act.
§93: Notice of Hearing-Certified Mail and by Publication
in Newspaper.
When the petition mentioned in 10 O.S. 1971 Section 92 , is filed
the court shall fix a day for the hearing thereof, which day shall be not
less than fifteen (15) nor more than thirty (30) days from the date of
the filing of the petition. Notice of the hearing of the petition shall
be sent by certified mail, return receipt requested, delivery restricted
to addressee only, to the parents of the minor, if living, to the guardian
of the minor, if one has been appointed, or to the person who has custody
of the minor if such person is other than parent or guardian of the minor,
and if both of the minor's parents are dead, the court may order that notice
be sent by certified mail, return receipt requested, delivery restricted
to addressee only, to other relatives of the minor; provided, however,
that no notice shall be sent to a person who endorses on the petition that
notice of the day of the hearing is waived. Notice of the hearing shall
be given by publication in some newspaper printed in the county where such
petition is filed, and if there be none, then in some legal newspaper having
a general circulation in the county one time, at least ten (10) days prior
to the day set for the hearing of the said petition. Before the court may
enter an order conferring majority rights in the hearing provided for herein,
proof must be presented to the court at said hearing that notice was given
to all persons entitled thereto as provided herein.
§94: Costs of the Proceedings.
The costs of the proceedings under this Article shall be paid by
the minor petitioner.